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Zoey, JD
Zoey, JD, Attorney
Category: Legal
Satisfied Customers: 23601
Experience:  Active member of the NYS bar since 1989
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A Rochester Police constable wrote a report for me based on

Customer Question

A Rochester Police constable wrote a nasty report for me based on his prejudice and implicit biases.
I was burglarized and tortured in my house by two strangers. I suffered from a diabetic shock during this burglary. I was not aware of anything when I was found on the floor of my house, and then, taken to Highland Hospital for treatment. I called the RO several times to come and complete the police report when I was at the hospital. This officer ignored all my calls. When I came out of the hospital I identified the missing items frm my house.
I would like to sue this constable, his supervisor and the Rochester Police Department.
Submitted: 2 months ago.
Category: Legal
Expert:  Zoey, JD replied 2 months ago.

Hi,

I'm Zoey and I'll be assisting you. I'm reviewing your question now. Please be patient while I research and compose a reply for you.

Expert:  Zoey, JD replied 2 months ago.

How long ago did you report the burglary? When did the constable arrive to make out the report? Are the police investigating the burglary? What does your girlfriend have to do with this matter? What is it for which you wish to hold the police accountable?

Customer: replied 2 months ago.
RO started a report on 8/31/16 but did not complete it because I did not make a statement due to my diabetic shock.The report number was nbing my house as a ot valid. Another RO wrote a nasty report on 08/24/16. The police is not investigating the burglary. My girlfriend has nothing to do with the burglary but the police is making a grave mistake from three years ago. I want to hold the police responsible for writing lies in the report that J changed my story multiple times. I never changed my story. Is there any way that I can send the police report to your email so that you can grasp the nastiness of this report?
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Expert:  Zoey, JD replied 2 months ago.

You can upload the file to this thread in a word file.

You cannot make the police investigate an incident that they do not feel should be investigated. You would think that the police have an absolute duty to investigate, but they do not.

You cannot make them amend a police report if there are errors in the report. You may be able to write a report of your own and ask that it be attached to their report in their files, but they don't have to do that either.

There are things you can do, however.

If the police are not giving you satisfaction in your attempt to get a burglary prosecuted, you can go over their heads, directly to the DA's Office and report the burglary to an assistant district attorney. The police are essentially the enforcement arm of the DA's Office. The DA can require them to investigate your matter if your information gives them probable cause to believe that a crime has probably been committed.

As for the police, you can file a formal complaint against the officer who prepared your report with his superior officer, the chief of police, police Internal Affairs, and the state attorney general's office. Following that course could trigger an investigation of the officer's practices while on the job and could get him sanctioned, even terminated from the force.

I'm not sure I see a suit against the police, however. Police are immune from suit or prosecution unless there is a law that specifically says the police can be sued if they violate that law, such as is the case with civil rights suits. Insulting your girlfriend and preparing an inaccurate report doesn't rise to the level of something you can sue the police for.

That said, in NYS if you want to sue a government agency, you must file a notice of claim within 90 days of the incident, putting the county on notice that you intend to sue. A failure to do this can mean that a suit can be pitched out of court.

I am seeing only the tip of the iceberg here. Taking your evidence to a private civil/civil rights litigator, showing him your evidence, and getting him to see if you have a viable suit is probably worth the cost of a consultation with a local lawyer. Many have free or low cost initial consultation fees anyway. He may feel differently about a suit than I do on the basis of all you show and tell him. I would urge you to do that quickly, since as I've said, you only have 90 days from the incident to file the notice of claim and for all I know you may already be out of time.